Forsyth v. Woods
Supreme Court of the United States
Error to tbe Circuit Court for the District of Missouri; the case being thus: Woods, assignee in bankruptcy of the firm of E. P. Tesson & Co. (which was composed of E. P. & E. M. Tesson) sued Forsyth in assumpsit to recover from him a balance in account. Forsyth pleaded a special plea in bar.
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Error to tbe Circuit Court for the District of Missouri; the case being thus: Woods, assignee in bankruptcy of the firm of E. P. Tesson & Co. (which was composed of E. P. & E. M. Tesson) sued Forsyth in assumpsit to recover from him a balance in account. Forsyth pleaded a special plea in bar. The plea averred a joint request made by the individuals who composed the firm of E. P. Tesson & Co. to him, soliciting him to become a surety of one of those individuals in an administration bond. It also averred a joint representation made to him by them, that they intended to make the administration a…
1Opinion of the CourtJustice Strong
If it be conceded that such a joint request as is pleaded, followed by an assumption of obligation and a consequent payment of money in pursuance of it, raised an implied promise on the part of those who joined in the .request to reimburse the defendant, it is, perhaps, still not clear that it was a partnership promise, creating a debt of the partnership, and therefore entitled to priority in bankruptcy over private debts of the partners. It is not pleaded' that the firm of B. P. Tesson & Co. requested the defendant to assume the obligation he took, though it is averred that the persons who…
2Cited by27 opinions
- United States v. American National Bank of Jacksonville and Title & Trust Company of FloridaCourt of Appeals for the Fifth Circuit · 1958
- Kessler v. Jefferson Storage CorporationCourt of Appeals for the Sixth Circuit · 1941
- Fidelity & Deposit Co. v. ButlerSupreme Court of Georgia · 1908
- In Re Estate of WoodCalifornia Supreme Court · 1911
- Cochran v. ZacherySupreme Court of Iowa · 1908
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